What types of patent documents might lead to the discovery of additional parties in an interference?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

During an interference proceeding, an examiner may discover additional parties through various patent documents. The MPEP 2307.04 mentions:

“During the course of an interference, the examiner may come across applications or patents of parties that claim the same invention, but are not already involved in the interference.”

This indicates that the types of patent documents that might lead to the discovery of additional parties include:

• Pending patent applications
• Issued patents

These documents may contain claims to the same invention that is the subject of the ongoing interference, potentially necessitating the inclusion of their respective applicants or patent owners in the proceedings.